6.  The first applicant was born in 1965, is a former resident of the Chechen Republic (Chechnya) and presently lives in Austria. She is a sister of Mr Zhamalayl (also spelled as Zhamalayla and Dzhamalayl) Yanayev, born in 1961. The second applicant is the wife of Zhamalayl Yanayev. She was born in 1965 and lives in Grozny, Chechnya.
7.  At the material time Mr Zhamalayl Yanayev and his family were living in Vladikavkaz, North Ossetia. Neither applicant was a witness to Mr Yanayev’s arrest, and the following presentation is based on the information collected by the relatives after the incident and the materials of the official investigation.
8.  At about 3 p.m. on 28 December 2004 Mr Zhamalayl Yanayev was about to take a flight from Vladikavkaz to Moscow from Beslan airport in North Ossetia. He checked in and passed through the security controls, and was waiting in the departure zone to board the aircraft.
9.  At that time, two armed men wearing camouflage uniforms went to the office of the head of the airport security services, Lieutenant-Colonel V.T. of the Federal Security Service (“the FSB”). According to V.T., the men produced documents indicating that they were servicemen of the Regional Department for Combating Organised Crime (“the RUBOP”) of the Ministry of the Interior. They told him to call for a passenger by the name of Yanayev, but did not produce any papers that could have served as the basis for Mr Yanayev’s arrest.
10.  The men accompanied V.T. to the departure zone. V.T. asked a police officer on duty there to call for Mr Yanayev. The men first took Mr Yanayev to the personal inspection room, and then left the building and drove off in three vehicles, two UAZ-469s and a Niva. The applicants submitted to the Court a list of names, ranks and vehicle registration numbers that had been communicated to the family by unnamed eyewitnesses, including airport security guards. The list included the names of servicemen of the Ministry of the Interior stationed in Chechnya and military servicemen. The registration number of one of the UAZ vehicles was noted as 33-03 65-86 OA 12 RUS.
11.  The family have had no news of Mr Zhamalayl Yanayev since 28 December 2004.
12.  The applicants and other members of Mr Zhamalayl Yanayev’s family learnt of his detention when he failed to arrive in Moscow. They immediately contacted the airport authorities in Beslan, prosecutors’ offices and other law-enforcement agencies. On 2 January 2005 the second applicant went to Beslan airport and spoke to the head of the airport police. The latter told her that her husband was not on a wanted list and that on 28 December 2004 he had checked in for his flight. He claimed that he had been absent at that time. After his return, his subordinate officers had informed him that unidentified persons had called the airport authorities requesting that Mr Zhamalayl Yanayev’s flight be postponed and that he be arrested. Shortly thereafter several officers of an unidentified “power structure” had arrived at the airport in a Niva and two UAZ vehicles. Two officers had entered the office of the head of the airport security services, Mr V.T. They had gone with V.T. to fetch Mr Zhamalayl Yanayev. Meanwhile the officers’ vehicles had been admitted inside the airport security perimeter. Subsequently, the officers had taken Mr Zhamalayl Yanayev outside the terminal building, put him in a Niva vehicle and driven off.
13.  In the weeks immediately after Mr Zhamalayl Yanayev’s disappearance, the family members did not keep track of their correspondence with the authorities. They repeatedly applied in person and in writing to various public bodies, including the Ministry of the Interior, civil and military prosecutors, the administrative authorities, the media and public figures. In their letters they gave details of the abduction and asked for assistance and information on the investigation. On several occasions the first applicant contacted the organisations of the Red Cross Federation in Austria, which informed her, after having consulted their partners in Russia, that they had no information about the missing man. Below is a summary of the relevant correspondence and ensuing proceedings.
14.  On 18 January 2005 the second applicant wrote to the Prosecutor’s Office of Vladikavkaz Public Transport (“the Vladikavkaz transport prosecutor’s office”) and asked them to find her husband.
15.  On 10 February 2005 the Vladikavkaz transport prosecutor’s office opened criminal investigation file no. 2553005 on the abduction of Mr Zhamalayl Yanayev, under Article 126 part 1 of the Criminal Code (kidnapping). Further to the Court’s request, on 18 January 2010 the Government submitted 274 pages of documents from the said criminal investigation file and from the criminal investigation file on alleged negligence by V.T. (see below).
16.  On 11 February 2005 the second applicant was granted victim status in those proceedings.
17.  On 11 March 2005 the Ministry of the Interior of North Ossetia informed the second applicant that the search for her husband was on-going and that she would be informed of any developments in the case.
18.  In June 2005 the second applicant wrote to the General Prosecutor’s Office and to the chair of the Presidential Council on Civil Society and Human Rights asking for their help in finding out about the whereabouts and fate of her husband. She complained that the investigation had been ineffective and indicated that on 5 May 2005 it had been transferred to the military prosecutor’s office of the Northern Caucasus military circuit located in Rostov-on-Don, and that she had had no news of its progress since that date.
19.  On 13 September 2005 the acting head of the investigation initiated by the Vladikavkaz transport prosecutor’s office noted a number of investigative steps to be taken, such as finding the vehicles with the recorded number plates and questioning additional witnesses.
20.  In a letter of 4 October 2005 the General Prosecutor’s Office informed the second applicant that the investigation had established that at about 3 p.m. on 28 December 2004 unidentified persons had detained Mr Zhamalayl Yanayev at Beslan airport and taken him away, and he had then disappeared. Those persons had presented themselves as servicemen of the FSB and the RUBOP, and had received assistance from V.T., the head of the airport security services. Although on 10 February 2005 the Vladikavkaz transport prosecutor’s office had opened a criminal investigation into kidnapping, given Mr Yanayev’s prolonged absence, the events had been subsequently also classified as murder. As the investigation was pending, the second applicant was told that, as a victim, she could not have access to the case file until the investigation had been completed. The investigators had established that Mr Yanayev had not been charged with any crimes. The theory that law-enforcement authorities had been involved in his kidnapping was not supported by the case materials. The letter further stated that on 9 July 2005 the Vladikavkaz military prosecutor’s office had decided not to charge V.T. with any offence owing to the absence of the elements of a crime in his actions. On 29 September 2005 that decision had been quashed and a criminal investigation in respect of V.T. had been opened under Article 286 part 1 of the Criminal Code (abuse of power). The investigation was being carried out by the Vladikavkaz military prosecutor’s office (see below).
21.  On 13 December 2005 and 12 May 2006, the investigator put additional questions to the second applicant. She confirmed her previous statements and specified that, to her knowledge, her husband had had no conflicts or enemies. She also indicated her husband’s mobile telephone number, which he had used on the day of his disappearance.
22.  On 8 April 2006 the anti-terrorist department of the Ministry of the Interior in the South Federal Circuit informed the second applicant that information about the whereabouts of her husband could be obtained from the Vladikavkaz transport prosecutor’s office within criminal investigation no. 2553005.
23.  On 15 May 2006 the investigator of the Vladikavkaz transport prosecutor’s office watched the airport’s CCTV footage and concluded that the registration plates of the vehicles were illegible.
24.  On 15 February 2007 the second applicant asked the Vladikavkaz transport prosecutor’s office to allow her access to the criminal investigation file into her husband’s kidnapping. She indicated that as she intended to complain about the failure to carry out an effective investigation she needed to be aware of the progress of the investigation to date.
25.  On 28 February 2007 the Vladikavkaz transport prosecutor’s office informed the second applicant that the case file would be transferred to the Vladikavkaz military prosecutor’s office. Once the office in charge of further investigation had been established, she could submit a new request to gain access to the file.
26.  On 15 March 2007 the second applicant asked the Prosecutor’s Office of North Ossetia to inform her which prosecutor’s office was responsible for investigating her husband’s abduction.
27.  It appears from the documents submitted that the latest decision to reopen the proceedings is dated 8 June 2009. According to the Government’s submissions, the investigation has remained pending without having made any progress as to Mr Zhamalayl Yanayev’s fate or the identities of the perpetrators. The second applicant submitted that she had not received any update about the state of that investigation.
28.  On 14 June 2005 V.T. was questioned by an investigator from the Vladikavkaz garrison military prosecutor’s office (“the garrison military prosecutor’s office”). V.T. explained that at about 4 p.m. on 28 December 2004, two men wearing camouflaged uniforms had arrived at his office and shown him papers identifying them as colonels of the regional RUBOP. He could not remember their names. He was certain that the identity papers were genuine, as he had often seen such documents before. In accordance with the instructions on access of unauthorised personnel into the airport security zone, V.T. accompanied the two men to the waiting area. The police officer on duty there, Ts., called Mr Yanayev to the room used for personal searches. The two RUBOP officers entered the room together with Mr Yanayev, while V.T. waited outside. Soon afterwards V.T. saw the officers leaving the building through a service exit, together with Mr Yanayev. By that time, three vehicles – one Niva and two UAZ – had crossed the airport security perimeter and were parked by that exit. The witness did not recall their registration numbers. V.T. further specified that he had not seen, or demanded to see, any documents on the basis of which Mr Yanayev had been detained and taken away. He later learnt from another police officer, G., that the two colonels had come from Khankala (the main Russian military base in Chechnya).
29.  On 20 June 2005 the investigator questioned T., the head of the internal security directorate of the FSB’s North Ossetia department. He confirmed that V.T.’s actions had been correct and in line with the relevant internal instructions.
30.  On 9 July 2005 the garrison military prosecutor’s office ruled not to open criminal proceedings against V.T.
31.  On 29 September 2005 the garrison military prosecutor’s office set aside the above decision and instituted criminal proceedings against V.T. on suspicion of abuse of power in respect of the events of 28 December 2004. The case was assigned the number 14/03/0335-05.
32.  On 13 January 2006 the garrison military prosecutor’s office notified the applicant that on 13 January 2006 it had discontinued case no. 14/03/0335-05 against V.T. because of the absence of the constituent elements of a crime in his actions.
33.  On 1 March 2006 the applicant complained about the discontinuation of the proceedings.
34.  On an unspecified date the proceedings were resumed.
35.  On 20 April 2006 the garrison military prosecutor’s office again decided to discontinue criminal case no. 14/03/0335-05 owing to the absence of the constituent elements of a crime in V.T.’s actions. The decision read as follows:
“At about 4 p.m. on 28 December 2004, in Vladikavkaz airport in the town of Beslan ..., Mr [V.T.], officer of the [North Ossetia] FSB department, deputy head of Vladikavkaz airport and head of the airport security services, was approached by two persons in light-coloured camouflage uniforms. [They] identified themselves as officers of the [RUBOP] and produced their service ID documents [служебные удостоверения] showing that they were colonels in the above-mentioned department. [V.T.] had no doubts about the authenticity of those documents. Following a request by those persons and in accordance with the applicable regulations on access control in airports ..., [V.T.] took them to the airport security zone. An airport police officer there, Mr Ts., took [Mr Zhamalayl Yanayev], who had already passed through the security check, to a personal inspection room (комната индивидуального досмотра). The latter was followed into the room by the persons who had arrived in the security zone together with [V.T.].
Five minutes later the above-mentioned persons and [Mr Zhamalayl Yanayev] left the airport administration building through a side exit. Having put Mr Yanayev in an UAZ-469 vehicle, they drove off to an unknown destination.
Pursuant to chapter 7 of the regulations on access control in airports ... of 20 January 1998, ... officers of the FSB, ... the Ministry of the Interior, ... and the prosecutor’s offices ... may be admitted to the airport premises, including the security zone, upon presentation of their service ID documents...
... It follows from the job description of the deputy head of [Beslan] airport responsible for airport security services ... that [V.T.] has a duty to cooperate closely with the FSB, ...[and] the [Ministry of the Interior] ... He enjoys unrestricted access to the entire airport premises.”
The decision also mentioned that the investigators had questioned Mr D., the airport director, as a witness. Mr D. had submitted that V.T.’s actions on 28 December 2004 had been in accordance with the applicable regulations and his professional duties.
36.  The investigator concluded that V.T. had not abused his powers and discontinued the criminal proceedings against him for absence of the constituent elements of a crime.
37.  On 13 January 2006 the second applicant was informed by the Vladikavkaz military prosecutor’s office that the criminal proceedings against V.T. for abuse of power had been discontinued. The letter referred to criminal investigation file no. 14/03/0335-D and indicated that this decision was subject to appeal.
38.  On 1 March 2006 the second applicant wrote letters to various officials, including the General Prosecutor and the head of the FSB, complaining about the decision of the Vladikavkaz military prosecutor’s office. In the letters she mentioned that after having received the letter of 13 January 2006, she had had a meeting with the Vladikavkaz military prosecutor who had told her that V.T. had acted in accordance with instructions and that the persons whom he had allowed to arrest her husband had had all the necessary credentials.
39.  On 15 March 2006 the Chechnya Ombudsman wrote to the Vladikavkaz military prosecutor’s office. His letter contained detailed questions about the actions of V.T. He asked them to make further inquiries about the identities of the persons who had been allowed to enter the security zone of the airport and carry out an arrest there. He also asked them to check the official records and reports which the airport security services, including V.T., had made about the incident and to identify the vehicles used by the abductors.
40.  On 2 June 2006 the Garrison Military Court dismissed the second applicant’s complaint about the decision of 13 January 2006. It held that the decision to discontinue proceedings in case no. 14/03/0335-05 had been made by a competent body; that the investigation had questioned all the witnesses and the suspect (V.T.), had examined all the relevant regulations and had arrived at well-reasoned conclusions. This decision was quashed on appeal and the case was remitted to the first-instance court for a fresh examination.
41.  On 30 June 2006 the Garrison Military Court again dismissed the second applicant’s complaint for the same reasons as in its decision of 2 June 2006. According to the second applicant, she received the decision of 30 June 2006 after the time-limit for appealing had expired.
42.  On 20 November 2006 the Military Court of the North Caucasus Military Circuit refused the applicant’s request for a supervisory review of the decision of 30 June 2005.